[2020] KEHC 7363 (KLR)

[2020] KEHC 7363 (KLR)

The court found that, although the convict is a child, he had attained the age of 16 years and had been convicted of manslaughter following a plea bargain. The pre-sentence report indicated that the convict was truant, had dropped out of school, was using drugs and alcohol, and was out of parental control. The court...

Source-derived case information.

Citation
[2020] KEHC 7363 (KLR)
Parties
Applicant: Republic; Defendant: DK
Court
High Court
Court Station
High Court at Kericho
Jurisdiction
Kenya
Judgment Date
12 March 2020
Case Number
Criminal Case 33 of 2019
Procedural Posture
Criminal Case / Ruling on Sentence
Outcome
Convict to be committed to a borstal institution, subject to confirmation of accommodation.
Judges
GMA Dulu
Legal Topics
Manslaughter, Juvenile Justice, Sentencing of Children, Borstal Institution Commitment
Source Language
english
Criminal Law Family and Children Manslaughter Juvenile Justice Sentencing of Children Borstal Institution Commitment

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

DK

Defendant

Procedural Posture

Criminal Case / Ruling on Sentence

Legal Issues

  1. 1 Whether a custodial or non-custodial sentence is appropriate for a child convicted of manslaughter.
  2. 2 Whether the convict, being over 16 years, should be committed to a borstal institution under the relevant statutes.
  3. 3 How Article 53 of the Constitution and the Children Act affect sentencing of child offenders.

Ratio Decidendi

The court found that, although the convict is a child, he had attained the age of 16 years and had been convicted of manslaughter following a plea bargain. The pre-sentence report indicated that the convict was truant, had dropped out of school, was using drugs and alcohol, and was out of parental control. The court considered the constitutional and statutory provisions protecting children, particularly Article 53 of the Constitution and Sections 190 and 191 of the Children Act, which generally prohibit imprisonment of children and provide for alternative methods of dealing with child offenders. However, since the convict was over 16 years old and the pre-sentence report did not support a...

Court Disposition

Convict to be committed to a borstal institution, subject to confirmation of accommodation.

Orders

  • The officer in charge of GK Prison Kericho is to confirm to the court within fourteen (14) days whether accommodation is available for the convict in a borstal institution.